payur
03-10 07:37 AM
I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.
In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.
Please let me know if anybody had this situation.
-Success.
In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.
Please let me know if anybody had this situation.
-Success.
WeShallOvercome
08-03 12:12 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
Gigantic697
10-12 01:29 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
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friend_in_NC
02-20 01:45 PM
Friends,
Just wanted to update about my case. After multiple calls each day, daily emails and faxes (for about 3 weeks which totals close to 14/15 emails and same number of faxes), I finally got a call back from Indian Consuldate in DC. <sarcasm> Indian consulate at it's best :p <\sarcasm>. They are going to process the application today and send it out in mail tomorrow. I guess better late than never. I had almost finalized my plans to drive 5 hours to DC on Friday and pick up my passport. I just want to give heads up to folks who may be trying to renew passport via mail at DC consulate. Please factor in at least 5/6 weeks of the processing time in case you have plans to go out of the country.
Thanks.
Just wanted to update about my case. After multiple calls each day, daily emails and faxes (for about 3 weeks which totals close to 14/15 emails and same number of faxes), I finally got a call back from Indian Consuldate in DC. <sarcasm> Indian consulate at it's best :p <\sarcasm>. They are going to process the application today and send it out in mail tomorrow. I guess better late than never. I had almost finalized my plans to drive 5 hours to DC on Friday and pick up my passport. I just want to give heads up to folks who may be trying to renew passport via mail at DC consulate. Please factor in at least 5/6 weeks of the processing time in case you have plans to go out of the country.
Thanks.
more...
metoyou
11-05 10:08 AM
I was in the same boat as you. I did not get my wife's AOS receipt but all others ( 5 out of 6) . But when the FP notices came with her AOS receipt number on it, I thought USCIS may have misplaced the receipt.
Right after the fingerprint, we received this LUD on her AOS case:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice returned as undeliverable.
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
Right after the fingerprint, we received this LUD on her AOS case:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice returned as undeliverable.
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
franklin
03-23 01:51 PM
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
more...
rolrblade
02-28 07:28 AM
what is your PD, catagory and country please?
What does his PD, category and country have to do with anything in his question?
Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.
Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.
Just make sure your attroney writes a good response back and not just sends the I-797's.
What does his PD, category and country have to do with anything in his question?
Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.
Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.
Just make sure your attroney writes a good response back and not just sends the I-797's.
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sreedhar23
04-21 12:15 AM
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
MSR
more...
paskal
08-14 03:53 PM
with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(
not that kind of a physician..not on your life pal :p
another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
there is a thread opening up for every mailroom chap in USCIS
Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
not that kind of a physician..not on your life pal :p
another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
there is a thread opening up for every mailroom chap in USCIS
Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
same_old_guy
10-25 01:55 PM
I said the same thing. I WILL NOT spend $1000 for nothing when my PD is not current.
Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.
So just hang in there, unless your 6th year H1 is expiring in new few days.
Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.
So just hang in there, unless your 6th year H1 is expiring in new few days.
more...
aruny5
10-26 01:01 PM
My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
Does she need French transit visa ??
Does she need French transit visa ??
paisa
07-24 03:59 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
No issues here my lawyers at Fragomen told me the same my passpory was expiring Aug 3rd 2007 infact I had my passport renewed when they were to send my 485 application. My lawyer said 485 has nothing to do with passport so no worries.
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
No issues here my lawyers at Fragomen told me the same my passpory was expiring Aug 3rd 2007 infact I had my passport renewed when they were to send my 485 application. My lawyer said 485 has nothing to do with passport so no worries.
more...
belmontboy
08-14 08:41 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
ajju
03-01 12:04 PM
Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...
I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...
I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...
Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...
I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...
I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...
Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(
more...
avi_ny
08-12 09:33 PM
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
On 2nd July, what time was your i-485 application received at NSC?
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
On 2nd July, what time was your i-485 application received at NSC?
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sparky_jones
08-12 10:58 PM
I also got LUD of 8/12/07 today for my I-140 which was approved in June 2007. My 485 package was sent to NSC on July 20, 2007. No receipts or checks cashed. It could be a general data refresh on some cases that caused the system to record a new LUD. I doubt if it means anything.
more...
bfadlia
03-17 01:00 PM
We had to go through the same situation. If you have registered for online notifications then you will get an email about the RFE. The actual letter reaches the lawyer around 7 days after the RFE was generated. So you have enough time to complete the medical tests once you get the RFE email and then submit the response immediately when you get the letter.
The only thing is that USCIS sends back the original medical form along with the letter and asks the doctor to update that form.
Hope this helps.
Thank you so much. This is very helpful.
Thanks to the other members who replied too..
could you please tell me where do I sign up for those online notifications?
The only thing is that USCIS sends back the original medical form along with the letter and asks the doctor to update that form.
Hope this helps.
Thank you so much. This is very helpful.
Thanks to the other members who replied too..
could you please tell me where do I sign up for those online notifications?
.bmp "mobile wallpapers love quotes. love quotes wallpapers")
RamsbutnotSTL
03-17 10:33 AM
Even I have received the RFEs as well on pending I-485 cases for me and my wife. My PD is Mar 2005. I am also wondering about the RFEs. I'll share mine as soon as I get those.
sodh
07-18 03:21 PM
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Apply I-485 as soon as you are eligible to apply you never know when they change the rules, getting your wife here is in future, she can always educate herself and come to US on H-1 or any other visa just to accompany you, this is just a suggestion decision is yours.
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Apply I-485 as soon as you are eligible to apply you never know when they change the rules, getting your wife here is in future, she can always educate herself and come to US on H-1 or any other visa just to accompany you, this is just a suggestion decision is yours.
ramaonline
07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
eb3retro
04-14 08:13 AM
Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.
But I am not sure if this is true or she is being over assuring.
Thanks a lot
Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!
But I am not sure if this is true or she is being over assuring.
Thanks a lot
Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!
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